Commonwealth Consolidated Acts

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TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979 - SECT 39

Agency may apply for warrant

  (1)   An agency may apply for a warrant in respect of a telecommunications service or a person to:

  (a)   for an application made by the National Anti - Corruption Commission--an eligible Judge; or

  (b)   otherwise--an eligible Judge or a nominated ART member.

  (2)   An application for a warrant shall be made on an agency's behalf by:

  (a)   in the case of the Australian Federal Police--a member of the Australian Federal Police; or

  (aa)   in the case of the National Anti - Corruption Commission:

  (i)   the National Anti - Corruption Commissioner; or

  (ii)   a National Anti - Corruption Deputy Commissioner; or

  (iii)   a staff member of the National Anti - Corruption Commission who is authorised in writing by the National Anti - Corruption Commissioner for the purposes of this paragraph; or

  (b)   in the case of the ACC:

  (i)   the Chief Executive Officer of the ACC or an examiner; or

  (ii)   a member of a police force who is a member of the staff of the ACC; or

  (c)   in the case of the Police Force of a State--an officer of that Police Force; or

  (d)   in the case of the Crime Commission (NSW):

  (i)   a member of the Crime Commission (NSW); or

  (ii)   a member of the staff of the Crime Commission (NSW); or

  (e)   in the case of the Independent Commission Against Corruption (NSW)--an officer of the Independent Commission Against Corruption (NSW); or

  (ea)   in the case of the IBAC (Vic.)--an IBAC (Vic.) officer; or

  (f)   in the case of the Crime and Corruption Commission (Qld)--a commission officer (within the meaning of the Crime and Corruption Act (Qld)); or

  (g)   in the case of the Law Enforcement Conduct Commission (NSW):

  (i)   the Chief Commissioner of the Commission; or

  (ii)   the Commissioner for Integrity of the Commission; or

  (iii)   an Assistant Commissioner of the Commission; or

  (iv)   a member of the staff of the Law Enforcement Conduct Commission (NSW); or

  (i)   in the case of the Corruption and Crime Commission (WA)--an officer of the Corruption and Crime Commission (WA); or

  (j)   in the case of the Independent Commission Against Corruption (SA):

  (i)   the Commissioner of the Independent Commission Against Corruption (SA); or

  (ii)   the Deputy Commissioner of the Independent Commission Against Corruption (SA); or

  (iii)   a member of the staff of the Independent Commission Against Corruption (SA).



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